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Court cannot convict accused based on his explanation in statement u/s 313 of CrPC

Court cannot convict accused based on his explanation in statement u/s 313 of CrPC

Jabbar Isak Shaikh Vs The State of Maharashtra

Bombay HC

06/12/2021

CRIMINAL APPEAL NO. 1060 OF 2019

About/from the judgment:

The inconsistency and discrepancy in the evidence of the prosecution witnesses casts a serious doubt on the prosecution case. The prosecution having failed to establish the guilt of the accused persons beyond reasonable doubt, the conviction cannot be based solely on the explanation given by the accused No.1 in his statement under Section 313 of the Criminal Procedure Code. {Para 16}

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